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Terms & Conditions

Terms & Conditions

Craft Brewing Solutions Pty Ltd, ABN: 30 661 903 199, is the operator of the website.

This Buyer Agreement:

(a) Governs the services provided on the website, including Online Auctions and Buy Now Purchases.

(b) Establishes an agreement between the relevant Craft Brewing Solutions Entity and the buyer, outlining the terms and conditions that apply to the sale of goods by a Craft Brewing Solutions Entity to the buyer in connection with a service.

In this Buyer Agreement:

(c) References to “we,” “us,” and “our” pertain to the relevant Craft Brewing Solutions Entity.

(d) References to “you” and “your” apply to any individual or entity that accesses or uses the service or the website.

It is imperative that you carefully review this Buyer Agreement.

Without prejudice to any other clause in this Buyer Agreement, it is a requisite that you adhere to our documented directives and protocols when visiting any premises for the purposes of inspecting or collecting any goods. We expressly maintain the prerogative to disallow entry in the event of non-compliance with our documented directives and protocols. Furthermore, we uphold the right to periodically revise our directives and protocols in order to remain in conformity with governmental directives and social distancing measures enacted in response to circumstances such as, but not limited to, COVID-19 or any other epidemic or pandemic. Your attendance at vendors premises for the purpose of inspecting or collecting items shall be undertaken at your sole risk and responsibility.

General Conditions

(a) Any capitalised terms used within this Buyer Agreement are defined in clause 2.1.

(b) Your use of the Website and any Service signifies your acceptance and commitment to adhere to this Buyer Agreement, along with any other relevant terms and conditions that we may require you to agree to. If you do not agree with this Buyer Agreement or any other pertinent terms and conditions, you are not permitted to use the Website and its associated Services.

(c) We reserve the right to make changes to this Buyer Agreement periodically. Any amendments will be communicated by uploading the revised Buyer Agreement to the Website, and these changes will become effective upon your continued use of the Website and any Service following such notification. Your continued use of the Website and Service will indicate your consent to be bound by the updated Buyer Agreement.

(d) This Buyer Agreement, in conjunction with the Website Terms of Use and any other stipulated terms and conditions, constitutes the complete agreement and understanding between you and us regarding the subject matter herein, supplanting all previous agreements, understandings, and representations. In cases of any inconsistencies between the Buyer Agreement and the Website Terms of Use, the Buyer Agreement shall prevail to the extent of such inconsistency. 

(e) The Terms and Conditions of Sale for Motor Vehicles shall be in force for motor vehicle sales associated with any Service, alongside the stipulations outlined within this Buyer Agreement. What does this mean??

(f) Specific Services may be subject to additional terms and conditions, which will be detailed within this Buyer Agreement and/or on the Sale Overview or Item Page.

2.1 Definitions

In this Buyer Agreement:

(a) Business Days denotes any day that is not a Saturday, Sunday, public holiday, or bank holiday in Melbourne, Victoria.

(b) Buyer Agreement pertains to these terms and conditions, as amended from time to time, in accordance with clause 1.1(c).

(c) Buyer’s Premium includes:

(i) In the case of an Online Auction, the percentage of the Successful Bid Amount specified on the Sale Overview and Item Page. This amount is payable by the Successful Bidder of an Online Auction, in addition to and concurrently with the Successful Bid Amount.

(ii) In the case of Make an Offer, the percentage of the Successful Offer Amount identified on the Sale Overview and Item Page. This amount is payable by the Successful Offeror of Make an Offer, in addition to and at the same time as the Successful Offer Amount.

The Buyer’s Premium may be either inclusive or exclusive of GST, as indicated in the Sales Overview and Item Page.

(d) Buy Now Purchase signifies a sale of any Item found in the “Buy Now” section of the Website.

(e) Goods represent goods offered for sale by a CraftBrewingSolutions Entity in connection with the provision of Services.

(f) GST stands for the goods and services tax payable under the GST Law.

(g) GST Law refers to the A New Tax System (Goods and Services Tax) Act 1999 (Cth) and all related legislation.

(i) CraftBrewingSolutions Entity denotes any one of:

(i) CraftBrewingSolutions;

(ii) FAB-auctions

(h) Item represents an item of Goods made available for sale by a CraftBrewingSolutions Entity on the terms and conditions of this Buyer Agreement.

(i) Item Information comprises any information posted by us on the Website or contained in the sale catalogue pertaining to any Item posted for sale on the Website.

(j) Item Page refers to the specific page on the Website that describes a particular Item for sale and may contain any special sale terms and conditions for that particular Item.

(k) Make an Offer signifies a sale or potential sale of an Item on the Website through the ‘Make an Offer’ process, which requires you to click the ‘Make an Offer’ button when offering to purchase an Item.

(l) MaxBid denotes the process by which you submit a maximum bid amount, and our Online Auction system will automatically incrementally increase your existing bid if it is exceeded by another bidder, up to your maximum bid amount.

(m) Motor Vehicle carries the same meaning as in the Terms and Conditions of Sale for Motor Vehicles.

(n) Private Sales represents a sale of Goods via private negotiation between a CraftBrewingSolutions Entity and you, which does not occur via the Website or at a Traditional Auction.

(o) Online Auction designates a sale or prospective sale of an Item by auction on the Website.

(p) Refresh Period signifies the time between four minutes and one second and four minutes and fifty-nine seconds (inclusive), which is the period when the Website’s timing mechanism enters the fifth minute. For example:

(q) If a bid is placed at 2:42:00 pm, assuming no further bids are placed, the auction will close at 2:47:00 pm.

(ii) If a bid is placed at 2:42:45 pm, assuming no further bids are placed, the auction will close at 2:47:45 pm.

(iii) If a bid is placed at 2:44:00 pm, assuming no further bids are placed, the auction will close at 2:49:00 pm.

(r) Sale Overview encompasses any special terms and conditions and product specifications attached to a particular sale.

(s) Service refers to any of the services offered by CraftBrewingSolutions (including Online Auctions and Buy Now Purchases).

(t) Seller signifies the seller of any Goods sold on the Website who is not a CraftBrewingSolutions Entity.

(u) Successful Bid Amount refers to:

(i) The highest bid amount.

(ii) In cases where two or more bids are for the same price, the bid amount that corresponds to the greater quantity of Items.

(iii) In cases where two or more bids are for the same price and quantity of Items, the bid that was submitted first.

(aa) Successful Bidder designates the bidder with the highest bid at the conclusion of the Online Auction.

(bb) Successful Offer Amount represents the amount offered by a person and accepted by a CraftBrewingSolutions Entity during a Make an Offer.

(cc) Successful Offeror pertains to a person whose offer has been accepted by a CraftBrewingSolutions Entity during a Make an Offer.

(dd) Terms and Conditions of Sale for Motor Vehicles comprises the terms and conditions applicable to the sale of Motor Vehicles.

(ee) Transaction Amount encompasses:

(i) For an Online Auction:

(A) The Successful Bid Amount.

(B) The Buyer’s Premium.

(C) Any other fees and charges specified in the Sale Overview and Item Page, including but not limited to GST, delivery, and insurance charges.

(ii) For a Make an Offer:

(A) The Successful Offer Amount.

(B) The Buyer’s Premium.

(C) Any other fees and charges specified in the Sale Overview and Item Page, including but not limited to GST, delivery, and insurance charges.

(iii) For Buy Now Purchases, the purchase price plus GST, together with any other applicable charges, such as delivery charges.

(hh) Website denotes this website, located at www.FAB-auctions.com 

(ii) Website Terms of Use refers to the terms available at http://FAB-auctions.com/terms-conditions.

2.2 Construction

In this Buyer Agreement, unless the context or subject matter necessitates otherwise:

(a) The singular includes the plural, and vice versa.

(b) Words denoting one gender include other genders.

(c) Where a word or phrase is defined, its other grammatical forms carry the corresponding meaning.

(d) A reference to a person includes their successors and permitted assigns.

(e) A reference to a statute, ordinance, or other legislation includes any amendment, replacement, or re-enactment currently in force. It also encompasses all regulations, by-laws, and statutory instruments made under that legislation.

(f) An agreement, representation, or warranty on behalf of two or more persons binds them and is for the benefit of all parties jointly and severally.

(g) The headings in this Buyer Agreement do not affect its interpretation.

(h) A reference to time is a reference to the time in the State of Victoria, Australia.

(i) A reference to ‘$’ or ‘dollar’ refers to Australian dollars.

(j) The use of the words ‘includes’ or ‘including’ does not limit the meaning of the words that precede it.

3. Service

3.1 Use of the Services

(a) The Service is provided exclusively for your personal use, and you are prohibited from reselling, sublicensing, or granting access to the Service to any other individual.

(b) We reserve the right, at our discretion, to suspend or terminate your access to the Service and the Website without prior notice under the following circumstances:

(i) If we reasonably suspect your involvement in fraudulent or criminal activities in connection with the Website or the use of the Service.

(ii) If you fail to make payment for an Item and/or decline to accept the delivery of an Item.

(iii) If you provide false, inaccurate, or incomplete information.

(iv) If you engage in any form of bid manipulation.

(c) It’s important to note that this Buyer Agreement, the Website Terms of Use, and any other relevant terms and conditions will remain in effect even in the event of such termination.

3.2 Buyer’s Obligations

(a) You are strictly prohibited from:

(i) Interfering or attempting to interfere with the proper functioning of the Website, the Service, or any Online Auction, Make an Offer, or sale conducted on or through the Website.

(ii) Taking any actions that place an unreasonable or significant burden on our system or the Website.

(iii) Using your account for unauthorised, unlawful, or illegal purposes, including commercial or criminal activities.

(b) You bear full responsibility for your communications via the Website and the Service. You must:

(i) Refrain from allowing another person to send communications that falsely claim your account as the source.

(ii) Avoid disrupting or causing disturbances in networks connected to the Website or the Service.

(iii) Adhere to all applicable regulations, policies, and procedures of networks linked to the Website or the Service.

4.1 Creating and Maintaining an Account

(a) You are prohibited from creating an account or using any Service if you fall under any of the following categories:

(i) You are under 18 years of age.

(ii) You are an undischarged bankrupt.

(iii) If you are a company, you are currently under any form of insolvency proceedings or administration.

(b) To access and use the Service, you must establish an account with us. The process of creating an account is free. 

(c) When registering for an account or using the Service, it is essential to provide accurate and truthful information. False or misleading information must not be used.

(d) You must promptly update your account if any of your details change. We are not liable for any loss or damage, including misdirected emails or deliveries, that may arise due to incomplete or inaccurate information provided by you.

(e) You are solely responsible for safeguarding the confidentiality of your account details, including your username and password. Any activity that occurs under or using your account due to a failure to maintain the security and confidentiality of your account details is your responsibility. Please notify us immediately if anyone else uses your account without your consent or if you suspect any security breach related to your account.

(f) We will send pertinent notices and communications regarding your account to the email address you have provided to us. This includes information regarding:

(i) Confirmation of a successful purchase for Buy Now Purchases.

(ii) The status of an Online Auction in which you participate, such as emails confirming that ‘you have been outbid’ or ‘you are the Successful Bidder.’

(iii) If applicable, a copy of your invoice.

(iv) Newsletters, offers, and promotional events (unless you opt out from receiving these communications).

(v) Requests for feedback.

(g) We assume no responsibility for any loss or damage incurred if you fail to receive a notification or communication from us.

4.2 Closing Your Account

(a) If you wish to close your account, you can request it by emailing us at info@fab-auctions.com 

(b) Your account closure request will be processed and your account will only be closed if the following conditions are met:

(i) Any Online Auction in which you have placed bids has concluded.

(ii) Any Buy Now Purchase in which you have participated has been finalised.

(iii) We have received all amounts owed by you in cleared funds.

4.3 Information Provided

You are responsible for ensuring that any information you provide to us at any time:

(a) Complies with all applicable laws and regulations.

(b) Is not defamatory, threatening, infringing, obscene, pornographic, indecent, false, inaccurate, misleading, or harassing in any way.

(c) Does not contain viruses or malware, including but not limited to ‘Trojan horses,’ ‘worms,’ ‘time bombs,’ ‘cancelbots,’ or any other computer software that may harm or disrupt our systems.

5.1 Seller of Goods

The party selling Goods offered in connection with a Service may be:

(a) The Seller, when a Craft Brewing Solutions Entity acts as the Seller’s agent.

(b) Otherwise, it will be the Craft Brewing Solutions Entity as indicated in the Item Information for the relevant Good or on the tax invoice issued to you.

5.2 Sale of Motor Vehicles

If a Sale of Goods in connection with a Service involves the sale of a Motor Vehicle, the Terms and Conditions of Sale for Motor Vehicles will apply to that sale, in addition to the terms outlined in this Buyer Agreement.

5.3 Our Rights as Agent and Seller

(a) We retain the right to withdraw and/or re-list an Item for sale at any time if the Item:

(i) Becomes unavailable due to damage.

(ii) In the case of auction Items, ownership becomes uncertain, or the Item is withdrawn by the manufacturer, distributor, or Seller.

(iii) In the case of a Buy Now Purchase, is no longer in stock or has uncertain ownership.

(iv) Has been erroneously listed twice.

(v) Is incorrectly described or priced.

(b) Certain Items and/or information may be removed from the Website to comply with our legal obligations or if requested by a law enforcement agency or government body.

(c) We reserve the right to modify the following elements at any time before a sale, Online Auction, or Make an Offer is completed:

(i) The quantity of Items posted.

(ii) The maximum number of Items you may buy, bid on, or make an offer for.

(iii) Regarding Online Auctions, the set bid increment amount during an auction.

5.4 Conditions Relating to Online Auctions

(a) Goods offered through auction in an Online Auction are, to the extent permitted by law, sold on an “as is, where is” basis. It is your responsibility to thoroughly review the Item Information, Sale Overview, Item Page, and any other provided information concerning any Item listed for sale on the Site. You should not rely solely on the title summary or photographs of the Item. It’s essential to read the provided information and attend any advised physical inspections to assess the Item’s suitability for you before participating in an Online Auction. We do not provide any warranty or representation that the Item you purchase is suitable for your purposes or appropriate for your specific circumstances.

(b) When purchasing Goods through auction in an Online Auction, you must ensure that you understand the payment terms, including any amendments to those terms and conditions as outlined in the Item Information or the Sale Overview and Item Page. Each Item purchased through an Online Auction will be subject to a Buyer’s Premium and other charges.

(c) You must not engage in any form of bid manipulation or offer manipulation.

5.5 Online Auctions – Bidding

(a) When you place a bid at an Online Auction, you are making an offer to purchase the Item at the bid price you specify. Once your bid is placed, it cannot be withdrawn.

(b) If you have activated the MaxBid function on your account, your MaxBid cannot be altered or withdrawn once placed.

(c) If your bid price becomes the Successful Bid Amount, you are considered the Successful Bidder and must purchase the Item for the Successful Bid Amount, in addition to any applicable additional fees and charges.

5.7 Online Auctions, and Buy Now Purchase – Payment

(a) If you become the Successful Bidder in an Online Auction, or if you purchase an item through Buy Now Purchase, we will issue a tax invoice for the Invoice Amount (which will be saved in your account). You must make payment of the Invoice Amount to us through one of the following methods:

(i) By credit card.

(ii) If the Invoice Amount exceeds $5,000, by direct deposit in full to our designated bank account within two (2) Business Days from the closing date of the Online Auction, or the date of your Buy Now Purchase (as applicable).

(b) If you do not make payment of the Invoice Amount through direct deposit within the specified period, in accordance with clause 5.7(a)(ii), we will promptly contact you to arrange a payment.

(c) Prior to releasing the Goods for delivery or pickup, we necessitate the reception of the complete Invoice Amount in cleared funds within our bank account. It’s important to note that we do not accept payments in the form of cheques (bank, personal, or business) and cash.

(d) We retain the discretion to opt out of finalising the sale of an Item even if you have been notified as a Successful Bidder , provided that:

(i) Your credit card payment fails processing due to the provision of incorrect details, such as an inaccurate or expired card expiry date;

(ii) The credit card payment is declined due to insufficient funds or an insufficient credit limit to cover the Invoice Amount.

6 Online Auction Process:

6.1 The Auction Process

(a) The commencement of an Online Auction will occur at the time we specify and will initiate at the predetermined minimum starting price.

(b) During an Online Auction, you have the option to place bids through either of the following methods:

(i) Manually submitting a bid.

(ii) Utilising MaxBid.

(c) Please note that all bids made during an Online Auction:

(i) Must pertain to individual Items.

(ii) Must adhere to the bid increment amount specified and may only be increased in multiples thereof. 

(d) If you opt to use MaxBid for bidding in an Online Auction, it is your responsibility to actively monitor the progress of the Online Auction in which you are participating.

(e) We reserve the right to conclude an Online Auction earlier than the originally scheduled closing time under the following circumstances:

(i) Suspicion of fraudulent or malicious bidding.

(ii) Presence of processing or systems errors.

(iii) Existence of technological errors or Website malfunction.

(iv) Insufficient verification of ownership of the Item in question for that particular auction.

(f) Once you are the current highest bidder, you are not permitted to reduce either your Bid Amount or the Quantity of Bids with a new bid.

6.2 Reserve Prices

(a) A minimum reserve price may be set on an Item by either us or the Seller. If your bid falls below the reserve price, it will still be considered a valid bid, but the Website will display a ‘Reserve not met’ notification. Once bidding reaches or surpasses the reserve price, the ‘Reserve not met’ label will be removed, and the highest bid for each Item within the lot at the end of the auction will be declared the winner.

(b) If the reserve price has not been met by the end of the auction, the highest bidder below the reserve price may be contacted.

6.3 Conclusion of Online Auctions

(a) An Online Auction will conclude at the end of the specified time duration for that Online Auction unless there are new successful bids within the final 5 minutes before the scheduled conclusion. If any successful bids occur on a specific lot or Item within 5 minutes of the designated closing time for the Online Auction (known as the “Refresh Period”), the auction will be extended until there are no further bids within the Refresh Period for that particular lot or Item. We cannot be held responsible for any missed or unsuccessful bids due to minor variations in the duration of the Refresh Period.

(b) If you emerge as the Successful Bidder for an Item in an Online Auction, it is your responsibility to finalise the transaction and acquire the Item.

(c) We will promptly inform you of this through email, providing details such as the amount of your winning bid, the Item number, and its description, upon the Online Auction’s closure. In the event you do not receive an email from us as per clause 6.3(b), your commitment to completing the purchase of the Online Auction Item remains in effect.

7 Technology Errors

In the event of errors or delays occurring in relation to an Online Auction due to technological issues, including those related to our Website, servers, data hosting center, or internet service provider, we may, reasonably and with prior notice to you:

(a) Before or after the originally scheduled conclusion time of the respective Online Auction:

(i) Extend the duration of the relevant Online Auction for a period of our choosing.

(ii) Re-open the relevant Online Auction for a period of our choosing.

(iii) Withdraw any Successful Offeror emails that may have been sent to bidders.

(b) Before or during the Online Auction or in question, adjust the starting price assigned to an Item being sold online.

(c) Cancel the specific Online Auction and conduct it once more.

8 Website Time

The time displayed on the Website will closely correspond to Australian Eastern Standard Time (AEST or AEDT).

9 Goods and Services Tax (GST)

9.1 Interpretation

In this clause 9, unless the context suggests otherwise, words or expressions defined in the GST Law have the meanings given to them in that Act.

9.2 GST Inclusive and Exclusive Pricing

(a) The Sale Overview or Item Page will specify whether an Item’s sale price includes or excludes GST.

(b) You acknowledge and agree that:

(i) If the sale price is indicated as GST Inclusive, any Buyer’s Premium will include GST, calculated as a percentage of the sale price (inclusive of GST).

(ii) If the sale price is indicated as GST Exclusive, GST will be calculated on and added to the sale price. In the case of an Online Auction, the Buyer’s Premium, exclusive of GST, will be calculated based on the sale price.

(c) If a sale price does not explicitly state whether it includes or excludes GST, it will be assumed to be exclusive of GST.

(d) Unless stated otherwise on the Website, all bids and offers submitted are exclusive of GST.

9.4 Reimbursements

If a payment under this Buyer’s Agreement constitutes a reimbursement, indemnification, or is otherwise calculated based on a loss, cost, or expense incurred by any party, the payment must be reduced by the amount of any input tax credit to which that party is entitled in respect of the loss, cost, or expense.

10 Consumer Rights and Returns

10.1 Your Statutory Rights

(a) If you are a consumer or acquire consumer goods as defined by the Australian Consumer Law:

(i) Goods sold by us as an agent in connection with a Service come with certain consumer guarantees that cannot be excluded under the Australian Consumer Law, including but not limited to:

(A) section 51, regarding title;

(B) section 52, regarding undisturbed possession; and

(C) section 53, regarding undisclosed securities; and

(ii) The following consumer guarantees do not apply to sales of Goods by us as an agent in connection with a Service:

(A) section 54, regarding acceptable quality;

(B) section 55, regarding fitness for any disclosed purpose;

(C) section 56, regarding the supply of goods by description;

(D) section 57, regarding the supply of goods by way of sample;

(E) section 58, regarding repairs and spare parts; and

(F) section 59, regarding express warranties.

(iii) Goods sold by us as the seller are subject to all applicable consumer guarantees under the Australian Consumer Law.

(b) This Buyer Agreement does not limit or exclude any rights you may have under the Australian Consumer Law.

(c) Your rights under this Buyer Agreement are in addition to any rights you may have under the Australian Consumer Law.

(d) If an Item is described as faulty, damaged, or in used condition on the Website or sold through a Traditional Auction, you acknowledge this condition when choosing to purchase the Item. To the extent permitted by the Australian Consumer Law, we disclaim any liability for the condition of such Goods.

11 Liability and Indemnities

11.1 Our Responsibility to You

(a) Your rights as outlined in this Buyer Agreement are in addition to your rights as a consumer under the Australian Consumer Law. Nothing in this Buyer Agreement is intended to limit or exclude any rights you have under the Australian Consumer Law.

(b) In the context of an Online Auction, we shall not be held responsible for bids that are not received, processed, or accepted due to technical issues, including those associated with MaxBid. Specifically, we shall not be liable for any loss, liability, or damage incurred by you as a result of bids not being received, processed, or accepted due to technical problems that can reasonably be attributed to such difficulties.

(c) To the maximum extent permitted by law, and subject to clause 11.1(h), each Craft Brewing Solutions Entity disclaims all liability to you for any loss or damage, irrespective of its cause, that you may suffer or incur and that may arise directly or indirectly from:

(i) your use of the Website or the Service;

(ii) your purchase of Goods;

(iii) any content published on the Website or provided to you on the Website or as part of any Service;

(iv) your reliance or the reliance of any third party on any content published on the Website or provided to you on the Website or as part of any Service;

(v) any failure or omission on our part to fulfil our obligations under this Buyer Agreement, Traditional Auction Conditions, and Terms and Conditions of Sale for Motor Vehicles;

(vi) any negligent act or omission by us in providing the Website or any Service or any other services to you; and

(vii) your use of any Goods or services provided to you through this Website or any Service.

(d) We expressly exclude all liability for special, indirect, or consequential loss or damage, including but not limited to loss of anticipated savings, pure economic loss, loss of or damage to reputation or goodwill, or loss or damage associated with:

(i) your use of this Website and the Service; and

(ii) your purchase of Goods,

regardless of the cause.

(e) The Craft Brewing Solutions Entities make no representations or warranties regarding:

(i) the operation or functionality of the Website;

(ii) any information published on the Website or conveyed to you on the Website or through any Service;

(iii) the fitness of the Website or any Service for a particular purpose, or any products or services provided to you through the Website or through or as a result of a Service;

(iv) whether the Goods you purchase are suitable for your needs or appropriate for your specific circumstances;

(v) the condition, maintenance, or serviceability of any Goods;

(vi) whether the Goods comply with applicable laws or regulations; or

(vii) the safety or health risk associated with any Goods.

11.2 Indemnification

You release, indemnify, and agree to indemnify the Craft Brewing Solutions Entities and each of their Related Bodies Corporate against all actions, claims, penalties, and demands (including the cost of defending or settling any actions, claims, penalties, and demands) that may be brought against us or incurred by us as a result of:

(a) a breach of this Buyer Agreement by you;

(b) any deliberate, unlawful, or negligent act or omission by you; or

(c) your use of the Website and the Service.

11.3 Manufacturer’s Responsibility

(a) Subject to any rights you may have under any law, including the Australian Consumer Law, if Goods are sold with an accompanying manufacturer’s warranty, we assume no responsibility for the content, fulfillment, or enforcement of that manufacturer’s warranty. It is your responsibility to contact the relevant manufacturer regarding the warranty.

(b) To the maximum extent permitted by law, we do not provide any representation or warranty regarding any manufacturer’s warranty that accompanies Goods. Specifically, we do not assert that the manufacturer’s warranty complies with the Australian Consumer Law. Any rights you may have in relation to the manufacturer’s warranty are against the manufacturer and not us.

12 Collection, Insurance, and Risk

12.1 Title, Risk, Collection, 

(a) We retain the right to withhold the release of Goods until you have settled all outstanding amounts owed to us.

(b) Ownership of any Goods will solely transfer to you once we have received the Invoice Amount in full and the funds have cleared.

(c) Regarding Goods:

(i) Picked up by you, the risk of the Item passes to you when you or a designated person on your behalf collects the Goods and acknowledges receipt by signing;

 (d) Regarding Goods designated for collection:

(i) Any indicated collection times in the Sale Overview, Item Page, tax invoice, or elsewhere are approximate. We will make reasonable efforts to adhere to the specified collection times but are not accountable for any loss or damage incurred by you as a result of our failure to meet these times.

(ii) For Goods not stored on our premises, you must strictly adhere to the collection times and procedures we outline. Our access to the Goods may be limited. Failure to comply with the specified collection times and procedures may result in the removal of the Goods from the premises, following notice to you. In such cases, we will not be responsible for the unavailability of the Goods, and we will not refund the Invoice Amount. We will assist in arranging access to the Goods again.

(iii) When collecting Goods from the specified location, you must adhere to:

(A) Applicable occupational health and safety laws;

(B) Any directions or cautions regarding the Goods or their location in the Sale Overview or Item Page; and

(C) Any directives issued by us or our authorized representatives during the inspection or removal of Goods from any location.

(e) You acknowledge that you inspect or remove Goods at any location at your own risk.

(f) if you fail to collect them within 7 days of a sale, we may impose storage fees, as described in clause 14.1(h) below, or at rates we reasonably establish unless otherwise agreed. Our standard storage charges for motor vehicles and industrial equipment amount to $75 per day or $375 per week.

(g) Subject to any relevant laws governing the disposal of uncollected Goods, if you do not collect or take delivery of Goods within 7 days of a sale, and after providing you with 3 months’ notice:

(i) for Goods valued at $100 or more, we may sell the Goods under reasonable terms and refund the sale proceeds to you, deducting the Buyer’s Premium (if applicable), a storage fee of $10.00 per day, and an administration fee of $50.00; and

(ii) for Goods valued at less than $100, we may sell or otherwise dispose of the Goods without issuing a refund to you.

13. General

13.1 If any provision of this Buyer Agreement is determined to be unenforceable for any reason, that provision shall be considered removed from this Buyer Agreement, while all other provisions shall remain in full force and effect.

13.2 Each Craft Brewing Solutions Entity retains the right to transfer its rights and obligations under this Buyer Agreement to any party at any time without prior notice to you.

13.3 Our waiver of any breach of this Buyer Agreement shall not constitute a waiver of any other breach. The performance or non-performance of any act, matter, or thing by us, our Related Bodies Corporate, employees, or agents, which might otherwise be construed as a waiver of our rights regarding any such breach or default, does not in any way diminish our rights and powers concerning such breach or default.

13.4 We are not liable for any delay or failure to fulfill our obligations under this Buyer Agreement if such delay or failure results from circumstances beyond our reasonable control, preventing us from observing or performing an obligation under this Buyer Agreement on time. Such circumstances include, but are not limited to, acts of God, government actions, actions by third parties (such as war, terrorism, national or international disasters, fire, explosions, power failures, Internet failures, equipment failures, or strikes or lockouts).

13.5 This Buyer Agreement is governed by the laws of the State of Victoria, Australia. The parties submit exclusively to the jurisdiction of the courts in the State of Victoria, Australia, and any courts of appeal thereof.